Bell v. McDonald

The majority has clearly erred in holding that Arkansas Code Annotated section 28 — 9—209(d) (Repl.2012), bars Carmella Bell from inheriting from the Estate of Carl McDonald. By its plain wording, section 28 — 9—209(d) applies only to “illegitimate” children. As the majority notes, Ms. Bell was born while her mother, Regina Wingard, was married to Paul McDonald. Arkansas Code Annotated section 28-9-209(a)(2) states: “(2) A child born or conceived during a marriage is presumed to be the legitimate child of both spouses for the same purposes.” Accordingly, Ms. Bell was not an illegitimate child.